Show THE MURDER CASE THE prosecution or OF EITHER m lilii roil FOIL ING file defense present lit their side of the I 1 lie story bert ether the defendant on tile hie on oil the alio re of con cobit it on fri nd day y afternoon lengthy arguments took pil a c e a as to whether alio prosecution a i 0 u ld produce the antin doil dillon for examination as part of tile alio tea res gral statements vero made mad by defense that dillon heard statements in the cabin defendant I 1 the defense ivere ere permitted to call the witness as one ona of the prosecutions but bat that the prosecution might contradict the evidence tile ilio del detente e nee preferred not to produce him under restrictions mr george sutherland mude made the opening belld n g statement for tile the defense A moroni 0 r oni wheeler was till the first fire witness I 1 reside nt at Main moth it keep cep a storo store for rynard kynard cu co nad and tend saloon there flave no clerk in the saloon nevor us ver has haa been one there file defense here introduced need the tem te of donohue Don oliue and leach boore tile coin commissioner mission er which was admitted but not as M evidence in in chief but mainly in mily for impeachment it bachman jr art deputy clerk clark of the court had the record ot of the lynching lunching lyn ching case against daniel chields bh ields et bit nl which li wua produced and defense asked him to state the names of the defendants defendant la in that cake caie tile alio evidence was vas denied by prosecution fie AS being admissible defense stated that the deceased aias one of the lyl lyllie lIl ers and the others is ere anta antagonistic i iti to this defendant etc and had a carington car ingon I 1 this his case came tho attorney for tile tha defendi ant elated that they rely upon self defenso and they intend to show a conspiracy to kill this defendant and the deceased was waa the attacking party the tha court a i in bitted the evidencia evid enca e II 11 ae emall then gave gaio th he e names or of defendants vi U shields bh ields ryan sullivan bul livan green quinton quinlon bulli vun van atkinson naon murphy savage etc lim D D sullivan lliran and nad Joeph Joseph murphy are under indictment not yet tried david kvaca evans was wan here bore at tile time ot of alio b 0 lynching lunching lyn ching case tile defendant was a wi witness aness lit in tile the caso heard part of his testimony it was objected that mr evans was not a competent witness as to whether tile the defend defendant an t was nas a competent witness lit in the lynching lunching lyn ching case witness had practiced law about ten tea years yearb listened hs leneil as a spectator to the ease case on saturday morning the tha defense in in the ether came commenced with their evidence ogden niiles testified that he had recently examined the testimony in the lynching lunching lyn ching case anao about two weeks ago do not think ether recognized savage did not recognize flaherty coffee or donohue 24 d I 1 among tile lie lya chora savage had admitted being at tile the scene of the lynch ing hut but had bad been acquitted arther brown attorney on the side of tha ilia prosecution was dined called to show that lie had been retained by private parties as well as aa by the alie district attorney the F private alvato parties being friends 0 of 1 tile the lynch yn chers cn tills evi evidence deco wait designed desien d to show allow bitterness bitt ernea on tile the part af de ceas eds friends against de defendant e sart ant tile the evidence evid however was ruled out john leach was called lie testified that lie was waa not liot acquainted with mathany any ol of the lyn chers only green who e had known in in nevada am ain anfor informed mea he be is ia the simo same man regarded him in us as a frie friend ti d know knew shields Dria driscoll colL and savage witness denied that he knew green at park city the green lie ile had known in nevada was not the same game whom lie lad had known in park cit city ti tim sullivan told me that it wil waa phil green em v hoin witness had known in ill nevada nevada denied having conver tied about defendant giving perjured testimony in ili tile the lunching lynching lyn yn ching clung case and denouncing him said it was waa talked of some eoma in but bublis lie had paid bald no attention td it witness acknowledged giving testimony before tho the commissioner to the effect that several men in ili eureka talked about those PO poor or fellows being sent to tile the pen itar 0 ugh bert ethers thors li testimony it was atrue true that such a conversation had taken aken t place john dayh davis known james donogue Don oliue a ix 0 or soy en years e saw sav him I 1 im at eureka on oil sunday fal following ai i t the e ki killing aling he slid sald lie ho had ana snapped ped ills his gun twice huo at ether all abid would lave got jun alm ilm if tile the d d gun had gone off crus ile he did not say that B bert or t lather ether first came cama pretty near retting getting me ile he said there was n as not nothing hiag in ill tile the nun gun and he came pretty near getting hain donohue saul said ether came near getting him and thin then lie he snapped at libin tho exact words ol of don to tie me v yore ore 1 I snapped att W lee ko at culici aind alio gun had rona gone 0 off I 1 would have got him wa glnn ten donohue made iliad a tills this remark I 1 was alone with nith him blin the alio whole conversation lasted probably pro bibly ten tell hil minutes tile the first pot coition lion was in the P resonie of 0 bacon ond and bilogan ohn jolin dillon was n as tho the next witness called occupied a portion of 0 leechs cabin up to tc tho the time of tile shooting leech and him having rented the cabin about nine weeks previous ether had been iny illy bedmate for 01 seven weeks previous to tile the killing miners can candlesticks le sticks were used in in the cabin could it not A say eay how many were ft ere in use in the ca cabin bin ut at the time I 1 took mine to work with nith me know donohue Dono liuo anil and leech also knew 1 laherty flaherty never No saw flaherty ria berty in the cabin till he ii evaa as dead lift left the rabin cabin on the day 0 tin shooting fit at 5 lit in the afternoon togo to go to work heard parties talking in leechs room before bert ether and gill johnson entered the cabin could not say tay who tile they were recognized Dono bues voice heard win him bay egiy hes fles tio no good indian I 1 could got get away vuth him rn any grime time I 1 could kill him donohue said ban this I 1 over and over agim again leech only said eaid 1 ill 1111 have no racket in my labin cabin while v lule im liere here ill FIL soon boon be going away anay anyhow thero seemed to be a third person there but could not say I 1 who ila it v was M this occurred but blit a few moments before ether canie came in coult coin t took recess after recess thee 11 1 lewis lew is was vias called b by y tile tho defense ile he said 14 xA mined tile the cabin on oil the sunday rater niter the shooting fount I 1 it bullet on in the floor behind the bunk also aim a hit but saw sais marks of blood on the bunk john dillon took the stand again for crom then is is a 11 dooms 0 1 between tile mat room an and 11 dr th ther al room cimo came into tile cabin abin about one on oil the da day y of the ath and laid hild town down again in there it sin mi half past five heard bard parties partia s come come into the vest room gil johnson came once croul roni the vi west eat room into my room ft with ith bert eth ather e r 2 and n d once he canio came alone ifert bert culled called mine and johnsons limond Jo attention to alio llio pistols at alic haul af tile the had nod add culled it it 11 battery bit tery one was as eia empty they talked about leech bert oat said ill ste sie that lio lie dunt leave iia thi cabin to night nigh tIve ive got some gome motley money for him change ching ii irom from a J 10 0 O gold I 1 leei I 1 leech anil and donative Dono tnie tive had bad been on a sprat 1 I 1 he ha talk I 1 heard seemed like the m t ot of drunken men inen the th talk v a before ether ethar canic came into my room too conversation I 1 heard was while ether was ivas out can see are parti partia oj in the w west est room from ray bunk buck Ether was in the lie back rooan when I 1 left lie he end and donohue were wera cursing each other itc ditc direct was examined by mr brown on monday night last as aa to what I 1 knew ber conversing with V counsel unel mr dickson Dich son lat last evening and saying that that vins alt all I 1 knew meaning this the statement I 1 then made and is aich I 1 have wade made today to day between 4 1 and 5 on the eth bert was very mu much c it under the influence of liquor lla ile was laughing lauz hing ahen hot aid I heras lerom I 1 battery enough to stand oil off anything that might turn off 11 lie iio n as offering to st 11 one of tha ilia pistols to johnson to sir brown i first time I 1 talked with counsel mr air brown was when ho he was at mammoth hollow said then I 1 knew nothing of the matter IV D stanley have been drinking today to day teel feel deflects of it tiow now the witness was wag excused and instruct to appear on monday morning in LL suitable condition to testify deputy mclellan went to tintic gintic soon noon after the killing I 1 was waa there on monday last Miu ined the cabin found one bullet liole hole in the northwest corner of the room at the centre of the end of the bunk about two feet bagh and another lit in the cast sit end about eight inches from the doers lantin g down downward ward jolin john dillon was me tile the farat elret time I 1 went over there soon eoon after the shoot ing in llave have examined the cabin tour four timos troas cross did not bullet liole bole on the lie east side until tho the third examination I 1 stuck my whip through the holes hole and think the one ort olt the west nest side wis iris the larger one am very friendly to defendant I 1 made the examination through curiosity ever eveia y tune time I 1 went ment I 1 mule made an for I 1 the he purpose of hiding more bullet holes it Is a fact tint at the timal tima I 1 made my third examination my business over there was to subpoena johnson ro ko direct I 1 know when I 1 went over there that defendant claimed that the there re were more than two shots allots fired understood der stood when I 1 ment that the shooting was as done in a tile the west cut room and I 1 examined it with moo moe mo o e caro care than tile the other rooms court adjourned until monday at 10 a in on Monday morning ing deputy deput mclellan re resumed ant d his testimony tor for the defense and exhibited the iho whip that lie ha had nut through the bullet holes tit 1 T cromal was waa called as the next witness for the defense was wai at the cabin on the occa occasion Hion of mccellans ans last visit there tharo ila ha allowed me m the ha bullet hole near the door he be called tile me over ever from the store to look at it tho the hole was waa tit at tho the vast east end of the cabin ab about out a foot north of tho the doorway and b 1 a two feet iaus I 1 showed 11 e d mr air mitchell Mit choll th next day from the u outside did n not ot examine it c care are irefully fally fully enough to know that itaas a bullet hole cross examination it was wai about IS 18 facile a from the floor and 2 feet from the th ground tile the ball was lying on the top toll of alio h ground und and about three leat feet from tile hole the ball was mas pretty badly mashed tied u up P tied had not examined the cabin before to sir mr dickson wheelers elors store is perhaps ern haps tao or tit three r e hundred balds anja honi alie cabin the there r e is is one cabin just cast and another just west moat of tile the one where here the lie was committed the bullet hole could be been easily enough by a person who was making art an examination terson for or c it J G mitchell Mil chell examined the cabin after mclellan examined it east saw one bullet bulle thoe hole on the east mide and found the bullet witness exhibited the bullet this bullet and the one that had been found in tile the cabin lipkind the bed u bere ere offered in in evidence this dincov 0 deiy ily I 1 made on tile the 15 days after t the homicide to sir mr evans am quite friendly with defendant had examined the cabin three times for the purpose of finding bullet holes looked all around examined every point closely and critically allai fach ench tune time but did not see the one on t the to east side until the and 2nd it anns 11 ll my business to make these thesa exa examinations in lo do 10 not kemem remember her seeing any box at the east sido side of tho the cabin if one had been there or if there had been any other obstruction I 1 should have hare moca it to perfect my mv examination I 1 I 1 arnish id ed defendant cartridges to fit tile the pistol soon after the shooting it bad been testified to by deputy mclellan that a box hail had stood in front of 0 the tha bullet hole on olt the east side ol 01 the c cabin bin saw mr croxall pick up the lull ball we were looking on oil the ground for f it t I 1 cant raabe in r Is ft I 1 ho I 1 to d ill me that there thera had been a bullet holo hole found found on tho the est east side it is my m y best il 1 st impression I 1 first heard of it at home think my wife vita told ina the hole was from three to ho five foet feet front from the ground to mr dickson I 1 did not fire the bullet through tho the east abt end of tile the cabin nor have I 1 told anybody that I 1 had fired it when I 1 made examination tx I 1 did not get down on my knees lut but walk walked ed around it r aund dont I 1 ont know liow low far the tha bullet hole bolo iva was from the ho earth to mr evans ayans mr royle bent with me on oil tile the occasion of the firs arst I 1 examination mr dickson went with it h me the second time wits was there with mclellan that occasion had escaped my illy memory it is a fact abati had been there four I 1 times imes loo looking kinte for bullet holes dont think I 1 had been an there a at t other times alone oking for bullet holes holed I 1 went want there so many times merely to satisfy in my y own mind alave ilave taken a good d deal a of interest lit in the case and have haie said amid to people I 1 would help ether all I 1 could to mr dickson i the corner posts of the tha bunk might bit ba 3 aa until I 1 went there with counsel 1 biad made ro no examination of e the tha bunk went there I 1 to 0 point out a slight indentation in one of the boards W 1 D stanley woi was next called remember the lynching lunching lyn ching was lias constable at the time saw flaherty ria herty next day or two days day after the lynching lunching lyn ching at eureka an I 1 inquest n nest wai being hold held over the ol 01 body fisher and flaherty vi as in the crowd I 1 asked him and others to go out I 1 the tha coroner having requested 0 it I 1 p put ut my hand ort on Flaher tys shoulder land and naked asked him to go out he went nent out to mr brown wits was present at the lyn chinzi 1 did not see ace I 1 latterly lali erty there knew him for two years eara before have 11 av expressed my feeling pretty freely about it on oil the streets in provo grid and expressed myself about atut the th people of lu ea flaherty was S a be heavy eavy set man dark curl curly hair whiskers and raoui tach 0 and till ile he was about 6 feet 6 1 in ili height aparto A party who wit was with me let ether have my pistol a few days das before the tha shooting pistol eta nill can lecog nize it when I 1 see sea it it apis pis ton w a shown to him which w hith he be said lie he thought a as not lug his after further r slid and closer examination lis i said it was ills his to mr sutherland there were 75 or persons present at the tha lynching lunching lyn ching isas considerably excited to mr evans I 1 was wai sober recess keces taken eilf 2 |